benefit the neighbor and the chamber of commerce is urging your strong support thank you. >> that you next speaker please. i have been involved with transit for several decades and as you recall i appeared before you at the time you considered rezonings and toll would you why rezoning came about and why that had to do with providing dimple -- for bringing train box downtown and i commend you for approvalling the rezonings and for approving and finishing off the tour that goes on top of the transit station, this is another dimension of that and in terms of it's contribution to the train, somewhere between 40 and

$15 million is estimated that it will contribute to bringing the train downtown and now the accumulative effect of these project are certain not enough to pay for the train box but it gives san francisco the opportunity of having local fund to be used to be leveraged with other funds to accomplish that and it's an extremely important benefit benefit and so i urge you in the course of actions that you have been taking and to add this to your achievements thank you. >> thank you.. >> good evening commissioners tim col ron on behalf of the housing commissioner and is i'll be brief it was a really enthusiastic reception for this project at our meeting last week. one of our well known members said this is a killer

project this is the first exoskeleton that we have reviewed and this particular, one of the thing that we really liked was the bridge to the park and we are building a very large new city park 75 feet in the air it needs very large connections to it to ensure that it's well used and so there is so much to like approximate it and one of the thing though, i'm a little concerned aboutship inclusionary housing how it related on this site but it's not something that need to be solved now and it in no way distracts from our support of this project it should move ahead and it's a terrific addition to this evolving neighborhood and it's providing a lot of to the goals we have adopted to the city. please adopt this project. >> commissioners michael from

construction counsel. i'll be brief and light i'm from a by trade i started in this career on high scale race and project and this produces -- [inaudible] of my kind and i have described this to a young connectionor at a meeting a couple of weeks ago and this is a probably we like even more and we are not the only ones who have enthusiastic about this and who have stuck it out and sat through the western gnoma plan discussion and they wanted to make sure their support for the probability and so i'll ask them to stand and that will be the end of my remarks, thank you. you can go back to work if you want to at the high rise. >> is there any further

public comment? vice president wu? i'm done. >> student: okay seeing that public comment is closed. commissioners? commissioner borden? yeah, i think this is an excellent prolong and it's great to see project coming forward in the tran as it center design district and i love that this connects with the park and i it's design is hasp superior to it's initial outline design for us to review. i do understand that there was a a conversation around the disielgt entitlement period for this project and for the disciple district that there is a five year entitlement period and i just wanted to ask if this project was getting it as well. >> and so the standard entitlement for the project is

three years and various entitlement and is so for various office allocations the know is 18 months and so as part of the is the televise it saying that you have three years for the office allocation but if you are an office prolong of fee 500 feet or more then you are allowed five years to commence the construction for the office allocation and is to this is not an office project of 500,000 square feet or more so this is subject to the three year limitation which, is still more than what would be allowed generally for project and it has been 30 years now and is 18 months compo first responder those [inaudible/incomprehensible]. >> and i think the probability sponsor has a different opinion on that and whether or not they

are subject or eligible for the five year and the certainly the planning commission if you so chose, you could allow their section 309 build you and give that up to five years and certainly if that was your direction, i am iced also have the variance assuming that the probably is approved could allow up to five years on the variance and in 2009 the commission did adopt one 46 accept a which deals with entitlement and is says that we will monitor but not revoke entitlements -- and so that policy is still this effect and it will have the he can of allow thing all of the entitlement to be in effect for

five years and that is the commission's direction and you can have the x case the downtown exception be fob five years and the variance for five years and the office allocation would technically be five years because the code limits that and so we cannot change that without the code amendment but give given of the code policy that we will not actively revoke this entitlement we will make it five years because that the thanks the entitlement associated with the project. that is clear. >> my question is other than the transit center and i guess one first street, this is the only project in the office. the project that you considered last week saul residential and so this is the third project this tran day tour is more than a four and-a-half square feed and so feet and so

this is the first project that is office. >> right and i feel all of the other project were residential with the exception of first street one. >> yeah there is one project that is more than four and-a-half square feet. >> so the other ones are for residential i. i don't know all of the numbers but may be one of the other guys can summarize had a. >> commissioner on at this point we don't have all of the zones tall enough for will being where enough square footage to cross that half a million threshold and i don't think we necessarily know yet at had point but i believe it was mentioned the probability on first street is a proposal now. >> yeah, i noticed the district hasn't been formed and

other hurdles haven't been crossed by the city early in knock and is i don't feel like i have to see this back so quickly but may be, i know that project sponsor had thought about this and i don't know if you wanted to talk about why this matters. thank you commissioner borden, our concern is primarily the numerous agreement that is we have to reach not just with the city and county but cta ta before an agreement can be reached and the mellow radios project [spelling?] is a one of those agreement and is security to the park for being given access to the park as well as the foundation is -- right next to the train box which, is 65 feet blow raid and that will

mostly likely require peer review of our project and so we would like to be given the opportunity to have that flexibility and we do have a list of what we compiled of what we think those agreements are if that is interesting to the commissioner. commissioner sagaa. >> yeah, on the-i am concerned not concerned but interested in the ground floor and exterior area where your building meets the existing ally way and so, my understanding is currently, the poetry wall is solid and it has lettering on it and you are negotiating to change that as diminished capacitied in your rendering to one that has rendering of some kind on your lobby that in turn is glass instead of a solid feature. >> yeah, what we have

discussed with one 99 free upon the month is we would work with the poet to replicate that identity led piece of art in the last and in addition, to doing that, we would eliminate that two-foot thick concrete wall that exist this now so that the walk voir that exists will get larger we believe by as much as six or 7 feet which, is significant. >> okay and then would that also entail a redesign so to speak of the seatings and kind-of they areunder lating. >> yeah, what we have shown in the replication is what is there now and if it's the desire of the commissioners and owners of free month for us to reevaluate that, then we can reevaluate it. i think any motion that we make, i would like to have the

commission consider the directing the project sponsor to work on that aspect of the design. commissioner antonini. >> thank you, i think it's a wonderful project and probably the first that we have seen of it's size that combines a very large commercial building with a residential building and is the epitome of having people working downtown and living downtown and most of the benefit have been stated and i think it's a beautiful design but i'll speak in favor the five-yarr entitlement because my guess is that the measure 1.5 in the t cd p plan that allows for the

longer entitlement period is designed to their specificity and i think that although this is about 95,000 square feet short of that $500,000, 500,000 square feet, the overall building is far more than that and the complexity is very complex because you have got go down 65 feet. you have all of the responsibility of shoring against the train box that is being built for the rail extension and if you ever if you ever have a large very complex approval process and very heavy liability concerns, i can't think of a project that would be more difficult than this one would be and so -- and of

course, it was also mentioned 94 million-dollar in fees of which 40-50 million would go to this rail extension which, is very important to move this rail ahead andi would like to move to approval of the various part of this and i can go into the various aspects of this and i think there are four different aspects and the first is compliance. we are going to -- consider that the new net shadow is not adverse and authorize the new net shadow limited to take care of the shadow that is cast two days outof the year and i would then request allocation of the square footage pursuant to

planning codes 321 and 322 and as part of the swloan zoning commission and third compliance of section 309 and based upon my requirements i would ask for that to be a five-year intiejtment and that is i believe the variance is going to be granted by the zoning administration. second. >> and including commissioners sag guya's concern that the poetry wall will be revisit by the prompt sponsor staff to make sure that it compliance with the design of the area i. yeah, i would like to direct the seating and the wall because they are already working with the artist.

>> i'll like to have the allocation be taken as a separate motion because since i voted against it it has a procedural element in the plan i would basically have to vote against it if it's included and however i would like to make a comment. the (undistinguishable accent or words) were we not able to work around on free hospital street that is a difficult street to have a crew on it is really on the side street where we would have thorlly asked for the curb cut. >> oh, cricks sure unfortunately it's the only street front that the probability has is on front street and we did work for over a year with m ta and with a staff and we have a bold out to provide pedestrian safety in that area as well as a turning

pocket on the street and i believe we have addressed all of those questions. did e b r already have that in it because it creates potential congestion on the street with the past moving traffic coming off the ramp. >> commissioner moore this plan was reviewed under exemptions being in the overall transit city plan and so there have been there was extensive collaboration with the planning staff including the transportation staff on the specifics of the design and as well as mitigation measure to ensure that properly mitigation of that area and one other thing that i think point to the fruit of that design wore work is that they have actually enjoyed a designed parking area that we

don't usually see in buildings and so that reduces the pedestrian curb cut. >> i appreciate your explanation and that is a good way to look at it in a more comprehensive way there is one other comment that does not address itself to you particularly but i want to talk to staff about the top. we have have 12 centers coming in and what i am having a little hard time with that speaks to the buildings is that these almosts the fire elements the bank of china in hong kong you cannot miss thinking of the building when you see this design it's impossible for anybody who has been in hong kong or looks at

architectural publication and i'm not interested in seeing 12 buildings compete for attention when it comes to celebrating the transit district as a lace with the tallest building being indeed ceasar palace on it's own and we are setting it up right now with relatively language language with the first kid coming on the block trying to speak me, here i am and as an idea that is perhaps okay, i think feet long run, i'm not interested that the new transit center district starts to replicate what we have in shanghai or other places that have tall buildings than other other merit than screaming for attention on it's own and i hope that we can do better and set it

up in a setting of a larger whole and that is larger buildings and making the transit center importantly and it's a powerful collective voice which in a certain washings i hope this building could get a little more attention in it's final design which would more respect that and i'm prepare to approval the building and support the elements other than a shadow but that is something of a bigger discussion and i'm no, your honoring the department to be very vigilant and we will move forward to treating the tops and of future tall buildings. commissioner antonini. >> i'll be supportive of separating aout had a motion for commissioner more and but i think it's a very good design and rerespectful for the transit tower it's about 300 feet

shorter and it's very well sculpted at the top in keeping you're with our sculpting of tall buildings as we bring the top of our buildings to narrower floor plates and so i think what we should do is move 13 a separately and i'll need a separate second, i guess. >> i was tabooing to tell commissioner moore that this shadow is so minimal that this falls within the original shadow budget. i'm aware of that but since i voted against it i'll have to stick with my position on shadow of on public parks. >> i seconded it. thank you on had a motion, on only on the consideration on the net new shadow cast by the project commissioner antonini. >> aye, borden aye, hillis

aye commissioner chair wu. aye. >> so, moveds that move passes five to one with commissioner moore voting against. and now, we will move the request for allocation of square footage pursuant to section 321, 321 and that is a three-year period and then we will also move 13 c which, is compliance with section 309 and that would be a five-year approval process. second-. >> commissioners on the motion, for approvalling the allocation of square footage of allocation indication of compliance. commissioner hillis, borden, chair, and so moved commissioners that motion passes six to zero and on the variance

of closing the public hearing subject to standard conditions with the performance period being to five years instead of three in compliance with 309.. >> if you could call item 12. commissioners we will be moving back to item 12, case number 2,007 .1 035, c and k request for conditional use authorization. good evening

commissioners -- with planning department staff before you weren't a los angeles code conditional use i one 34, one 35, one 40, one 54 .1 and one 55, untwo city, 270.2 and 823 as proposed by the west gnoma community planning amendment and subject to the approval of board of supervisors the commissioners the project is at 358 street on a site that is 358 ache certificate customers and so approximately approximately three activity of activity and space and approximately 900 square feet of office and off street parking space of garage and 15 parking space within the interior of the site. commissioners at the direction

of the city attorney i'm providing you with an executive summary and it explicitly states and reit rates that any approval at this hearing for this project is contingent upon and subject to the commissioners adopting the sonoma general plan, the planning code and zoning amendments i would like to give those to you right now. >> commissioners you will note that the executive summary on page three reit rates the motion in consideration and you will find them on page two and three. >> condition one reiterate and states that any changes to this

project is subject to the approval of the board of supervisors and commissioners also included in that, stack had a i just gave you there is a copy of the how kins agreement regarding the sponsor election to provide affordable units on side with rent restriction in according corns with the how kins act. >> we reiterate -- under the final selection for the following reasons the project proposed 4510 units and it bridges a gap in housing in fraction it provides mix in unit times types, unit and loft style apartment and is these variety of unit types provides a wide array of opportunity for various howing types and proposes a higher and better use of this large site and the project

proposes a mix of uses that cannen louvren and contribute to the surroundings and the propose the retail space provides opportunity for residents of the inapt and san franciscoians in general and proposes a park that is publicly accessible to the northeast corner of the site and provides a ally travel around the site and the project is designed for and compatible with the neighborhood and is consistent with the general plan as of december 6ted the planning department has received three phone call and letters from the public concerned with the height of the project along the ring gold and there was a question on the location of off strid parking and the project's height and bull ark i have the letter here if you would like to read it if you will this concludes my

presentation and i'm vague available for questions if you will. >> commissioners my name is a mere massy and i'm with arch stone. we are at the latter end of a long night and this has been a very long process but we are really happy to be here. i would like to just start by thanking a couple of people john and his staff and corrie and diego for a custom most and many years of working really hard of getting us to this point and paul legislatorring who's not here we spent a lot of time quag joeling us to get our act together and not just me but of the task force in general and i want to thank the task force, gym, johnel bettering, toe bee, scott, i think they really made

the project better than than what it would have been without their input. so, if i can walk you through the site and what we have before you is the project site and it's fitting that the site ised by street and ally and is that is a pretty good reflection of what western sonoma is all about and we have as our neighbors reds dens, businesses, artists we really have a good riflings of what is happening in the broader western sonoma area. we started this process in 2006. can you go back to the and i actually